Often it seems the defendant probably had no idea the patent in question existed or that their work was potentially infringing.
As it stands now, companies could potentially infringe on the as-yet unissued patent by developing or using similar technology without knowing about such patents.
Knowing that content is potentially infringing does not mean that it actually is.
Many talk about "criticism" about copyrighted work, but once again, they all talk about potentially infringing content, not confirmed infringement.
You might say it's still only potentially infringing, but then so are the movies and TV shows, and they feel the legal need to take them down.
In addition, eBay had no affirmative duty to search for potentially infringing items without specific knowledge.
Universal expressed concerns over the fact-intensive investigation and subjective results of determining whether a potentially infringing use falls under the general "fair use" doctrine.
An objective examination of the act from a human rights perspective shows that it potentially infringes on freedom of expression and assembly, including media freedom.
Any State can potentially infringe human rights, and no country can therefore automatically be regarded as safe.
After a three day downtime, the website reopened without any links to potentially infringing files.